What rights do we have after tenant wont move out because of coronavirus

Giraffe76

Hi all,
My wife started renting a property out in october and from the beginning the renter has been a nightmare with lots of different things so in april my wife gave her 2 months notice to leave and the renter actually gave her 1 notice to leave to the letting agent too (which we thought was strange) anyway her last day to stay at the property legally was yesterday but she phoned the letting agent saying that because of the coronavirus she wont be leaving.

We know that we can serve her with a notice to leave but does anyone know when we can start that process, whether we can speed it up, roughly how long it will take and the cost please?

I also wanted to know if i can visit the property if i give her 24/48 hours notice (if thats even needed now because shes broken the agreement) and if i keep to social distancing rules is she legally entitled to stop me from entering the property using coronavirus or anything else as a excuse as we do have a set of keys to the property.

Any help or advice would be most appreciated

Kind regards Mark

davidmcn

Giraffe76 said:

I also wanted to know if i can visit the property if i give her 24/48 hours notice (if thats even needed now because shes broken the agreement) and if i keep to social distancing rules is she legally entitled to stop me from entering the property using coronavirus or anything else as a excuse as we do have a set of keys to the property.

For what purpose are you proposing to enter the property?

silvercar

You can visit, but not to harass. You don't have the right to entry unless for inspections or repairs or with the tenant's agreement.
You can serve notice, though it looks like you have already done that. The government have put a stop on evictions for at least 3 months, so you won't get your property back soon. Remind the tenant that rent is still due. 
 

Comms69

Giraffe76 said:

Hi all,
My wife started renting a property out in october and from the beginning the renter has been a nightmare with lots of different things so in april my wife gave her 2 months notice to leave and the renter actually gave her 1 notice to leave to the letting agent too (which we thought was strange) - your notice has zero effect, her notice ends the tenancy. Your wife should know this anyway her last day to stay at the property legally was yesterday but she phoned the letting agent saying that because of the coronavirus she wont be leaving. - She is now liable for double rent. Distress of rent act

We know that we can serve her with a notice to leave - no you cant, because no such notice exists  but does anyone know when we can start that process, whether we can speed it up, roughly how long it will take and the cost please? - you cannot evict, as the courts arent taking possession cases at the moment (and your notice was wrong, it was changed to 3 months - again your wife should know this)

I also wanted to know if i can visit the property if i give her 24/48 hours notice (if thats even needed now because shes broken the agreement) - what is your purpose for visiting? and if i keep to social distancing rules - no such rules exist - legally speaking  is she legally entitled to stop me from entering the property - yes. always. it's her home. using coronavirus or anything else as a excuse as we do have a set of keys to the property.

Any help or advice would be most appreciated

Kind regards Mark

Your wife, the landlord, needs to serve her notice and claim double rent. simple as that.

You are nothing to do with this

saajan_12

Giraffe76 said:

Hi all,
My wife started renting a property out in october - how long was the fixed term, and any break clause? and from the beginning the renter has been a nightmare with lots of different things so in april my wife gave her 2 months notice to leave -what notice did she serve? The Coronavirus Act means nothing can go to court for 3 months. and the renter actually gave her 1 notice to leave to the letting agent too - lucky for you!(which we thought was strange) anyway her last day to stay at the property legally was yesterday -based on what? tenant's notice? If she stays beyond this you can claim for double rent under Distress for Rent act. but she phoned the letting agent saying that because of the coronavirus she wont be leaving.

We know that we can serve her with a notice to leave but does anyone know when we can start that process, whether we can speed it up, roughly how long it will take and the cost please?

I also wanted to know if i can visit the property if i give her 24/48 hours notice (if thats even needed now because shes broken the agreement)v- yes it is still needed. You can't just go in and treat the place like your own. Why do you want access?  and if i keep to social distancing rules is she legally entitled to stop me from entering the property using coronavirus or anything else as a excuse as we do have a set of keys to the property.

Any help or advice would be most appreciated

Kind regards Mark

Your notice is irrelevant in this sort of timeframe, as there is a long delay with eviction proceedings due to coronavirus. If the tenant served valid notice herself, then fails to leave by the expiry date, then you could claim for double rent under the Distress for Rent act. 

jonnygee2

 is she legally entitled to stop me from entering the property 

Of course she is, it's her home, you can't just walk into other people's homes against their will.

It seems you don't have the foggiest about what being a landlord means or how property law works. Late but not too late, but I recommend you do some basic training before you continue. Right now it seems to me that this is a problem tenant but also a problem landlord - you are letting a property without any idea what your obligations and rights are.

greatcrested

Giraffe76 said:

...... in april my wife gave her 2 months notice to leave

Was this a S21 Notice? What expiry date did she put on the notice. Under the Coronavirus Act 2020 it has to be at least 3 months from date of service

and the renter actually gave her 1 notice to leave to the letting agent too (which we thought was strange)

Not strange at all since a) your wife's S21 would not end the tenancy and b) probably found somewhere and wanted to leave earlier.

anyway her last day to stay at the property legally was yesterday

Based on the tenant's notice? If the tenant 'holds over' your wife can claim double rent. However, do not call it 'rent' or you may create a brand new tenancy. Call it 'mesne profits' (use google or see below) or better still claim it via the courts when enforcing the (new) eviction notice based on squatting.

but she phoned the letting agent saying that because of the coronavirus she wont be leaving.

We know that we can serve her with a notice to leave but does anyone know when we can start that process, whether we can speed it up, roughly how long it will take and the cost please?

Either S21 Notice with 3 months and then wait for court date, or

treat as squatter
I also wanted to know if i can visit the property if i give her 24/48 hours notice (if thats even needed now because shes broken the agreement) and if i keep to social distancing rules is she legally entitled to stop me from entering the property using coronavirus or anything else as a excuse as we do have a set of keys to the property.

As a tenant she has right to 'quiet enjoyment' so you need a good reason and/or contractual reason. As a squatter following her notice expiry she has no such right. However be cautious - she could argue she's a tenant still and courts can be unpredictable. Harassment is a criminal offence...

Comments in bold above

Distress For Rent Act 1737 S18 & Landlord and Tenant Act 1730 S1(Double rent if tenant stays after giving notice) plus explanation here

https://www.gov.uk/squatting-law/remove-squatters

If serving a S21 Notice again, make sure she gets it right this time! Use the checklist which is accurate except it's now 3 months not 2(Coronavirus Act 2020 ):

S21 checklist (Is a S21 valid?)

Comms69

greatcrested said:

Giraffe76 said:

...... in april my wife gave her 2 months notice to leave

Was this a S21 Notice? What expiry date did she put on the notice. Under the Coronavirus Act 2020 ir has to be at least 3 months from date of service

and the renter actually gave her 1 notice to leave to the letting agent too (which we thought was strange)

Not strange at all since a) your wife's S21 would not end the tenancy and b) probably found somewhere and wanted to leave earlier.

anyway her last day to stay at the property legally was yesterday

Based on the tenant's notice? If the tenant 'holds over' you can claim double rent. However, do not cal it rent or you may create a brand new tenancy.Call it 'mesne profits' (use google) or better still claim it via the courts when enforcing the (new) eviction notice based on squatting.

but she phoned the letting agent saying that because of the coronavirus she wont be leaving.

We know that we can serve her with a notice to leave but does anyone know when we can start that process, whether we can speed it up, roughly how long it will take and the cost please?

Either S21 Notice with 3 months and then wait for court date, or

treat as squatter
I also wanted to know if i can visit the property if i give her 24/48 hours notice (if thats even needed now because shes broken the agreement) and if i keep to social distancing rules is she legally entitled to stop me from entering the property using coronavirus or anything else as a excuse as we do have a set of keys to the property.

As a tenant she has right to 'quiet enjoyment' so you need a good reason and/or contractual reason. As a squatter following her notice expiry she has no such right. However be cautious - she could argue she's a tenant still and courts can be unpredictable. Harassment is a criminal offence...

Comments in bold above

You've said treat as a squatter - im curious is that's the correct terminology (as residential squatting is a criminal offence).

[Deleted User]

The tenant could never be a squatter, even if she remained in residence after the end of her notice period.

She would be an unlawful occupant.

Ditzy_Mitzy

Comms69 said:

Giraffe76 said:

Hi all,
My wife started renting a property out in october and from the beginning the renter has been a nightmare with lots of different things so in april my wife gave her 2 months notice to leave and the renter actually gave her 1 notice to leave to the letting agent too (which we thought was strange) - your notice has zero effect, her notice ends the tenancy. Your wife should know this anyway her last day to stay at the property legally was yesterday but she phoned the letting agent saying that because of the coronavirus she wont be leaving. - She is now liable for double rent. Distress of rent act

We know that we can serve her with a notice to leave - no you cant, because no such notice exists  but does anyone know when we can start that process, whether we can speed it up, roughly how long it will take and the cost please? - you cannot evict, as the courts arent taking possession cases at the moment (and your notice was wrong, it was changed to 3 months - again your wife should know this)

I also wanted to know if i can visit the property if i give her 24/48 hours notice (if thats even needed now because shes broken the agreement) - what is your purpose for visiting? and if i keep to social distancing rules - no such rules exist - legally speaking  is she legally entitled to stop me from entering the property - yes. always. it's her home. using coronavirus or anything else as a excuse as we do have a set of keys to the property.

Any help or advice would be most appreciated

Kind regards Mark

Your wife, the landlord, needs to serve her notice and claim double rent. simple as that.

You are nothing to do with this

The landlord is highly unlikely to be able to claim 'double rent' in this scenario. We don't know if there are rent arrears, firstly, and haven't been informed of what type of tenancy it is, secondly. If it's periodic or an expired AST of 12 months or less then it's not possible. In fact we know the tenancy has been in place for less than a year, so it's best to disregard 'distress for rent' entirely. 

Ditzy_Mitzy

As an addendum to the above, the Distress for Rent Act 1689 was abolished in 2007, with the change being enacted in 2014: 
https://www.legislation.gov.uk/ukpga/2007/15/schedule/14/crossheading/distress-for-rent-act-1689-c-5